The Canadian trucking industry is one of the most closely supervised sectors in the country, with regulations established to keep its highways safe.
The Canada Hours of Service (HOS) regulations are among the most critical mandates. They are intended to minimize the number and gravity of trucking crashes by tackling driver fatigue.
Every federally regulated carrier and trucker must comply with the HOS rules. Below are some of its important details to keep in mind.
What is the Federal Canada Hours of Service Regulation?
The Canada Hours of Service rules define and limit the number of commercial driving hours and recupatory periods for CMV drivers that operate in Canada.
The federal administration also issued this to manage driver fatigue. Controlled driving hours are expected to offer CMV drivers sufficient rest to operate safely.
The regulation is meant to prevent driver fatigue and decrease the occurrence of road accidents. According to studies and estimates, 20 percent of fatal collisions in Canada involve driver fatigue. Moreover, billions of dollars are lost to the economy because of road crashes.
Canada HOS and the ELD Mandate
The Canada HOS rule works hand in hand with the federal mandate for using Electronic Logging Devices (ELDs), known as the Regulations Amending the Commercial Vehicle Drivers Hours of Service Regulations (Electronic Logging Devices and Other Amendments).
According to the final Canadian ELD rule, federally regulated commercial drivers should start recording their HOS using ELDs by June 12, 2021.
The federal administration proposed the use of ELD solutions since they have automation, reporting, and other advanced features for recording driving hours accurately and efficiently.
This results in various benefits (aside from road safety) outlined in the Canada Gazette Part I: Vol. 151, No. 50 where the first version of the proposed Canadian ELD rule was published:
- Time savings for drivers and carrier clerical staff to maintain paper-based daily logs, for law enforcers to examine drivers’ record of duty status (RODS) and uncover possible violations. These net time savings, combined, are estimated to be around $280 million.
- Eliminated paper logbook expenses, which can reach $11.1 million dollars (2017 present value), along with environmental impacts, among others.The ELDs that drivers use should follow the technical standards specified in the Canada ELD mandate by the Canadian Conference of Motor Transport Administrators (CCMTA) and be approved by authorized independent accreditation bodies.Drivers should switch from paper logs and Electronic Recording Devices (ERDs) to ELDs on or before June 12, 2021, save for a few exemptions, such as:
- If drivers hold special permits by the federal or provincial HOS director for specific operations;
- If drivers use commercial motor vehicles (CMVs) that were manufactured before the model year 2000, which are incompatible with ELDs.
To be clear, the Canadian ELD mandate does not replace the present federal HOS regulation.
Who is subject to the Canada Hours of Service regulation?
The Canadian HOS rules apply to all drivers who operate CMVs in Canada, except for those operating the following:
- Two- or three-axle commercial vehicles used for (1) delivering main produce from a farm, forest, sea, or lake, given that the driver is also the producer; and (2) a return trip after carrying the said products, granted that the vehicle is empty or is transporting products used in primary operations of a farm, forest, sea, or lake.
- An emergency vehicle;
- A vehicle used in providing relief in times of public welfare emergencies, as defined in the Emergencies Act.
Responsibilities of motor carriers, drivers, shippers, etc.
Section 4 of the Canada HOS rules outlines the responsibilities of motor carriers, drivers, shippers, consignees (or recipients), safety officers, dispatchers, and others in preventing driving fatigue and its repercussions.
These responsible persons should stop commercial drivers from driving if:
- Their physical and other faculties are weakened or impaired so much that driving will endanger the safety or health of the trucker, the personnel of the fleet management company, and the public;
- The trucker is under an “out of service (OOS)” declaration by law enforcers (for exceeding the allowed maximum number of driving hours in their cycle), and
- Doing so would render the drivers non-compliant with the HOS rules.
Canada Hours of Service rules and requirements
Canadian motor carriers and drivers should always comply with both the driving hours — or specifically the day and work shift durations set by the federal HOS rules.
Here, a “day” is defined as a 24-hour period that begins at the hour designated by the motor carrier for the duration of the driver’s cycle.
That said, below are the rules and requirements for Canada trucking’s hours of service, particularly for driving south of latitude 60°N.
- Motor carriers should not request, require, or allow drivers to drive for more than 13 hours in a day or work shift.
- Drivers must not log a “driving” status for more than 13 hours. To drive again, they should be on “off-duty” status (which includes sleeper) for 8 hours straight.
- Drivers should not drive once they have 14 hours of “on-duty” periods (which includes “driving” and “on-duty not driving” statuses) in a day or work shift. Motor carriers must also not require, allow, or request them to drive under that condition. Drivers can register “on-duty not driving” after 14 hours of being on duty, but not “driving.” They must be off-duty for 8 consecutive hours to drive again.
However, after 16 hours have passed since the end of the most recent period of 8 or more consecutive off-duty hours, motor carriers must not allow, require, or request drivers to drive. Drivers should not do so as well.
Daily Off-Duty Time
- Fleet management companies and drivers must enforce logging a minimum of 10 hours of off-duty time in a day.
- Off-duty time besides the 8-consecutive-hours requirement can be spread throughout the day in blocks of at least 30 minutes each.
- The total number of off-duty hours taken in a day should include a minimum of two hours of off-duty time separate from the mandatory eight consecutive hours of off-duty periods.
Sleeper Berth Time
Rules for sleeper berth time slightly differ between individual and team drivers.
For one, individual drivers traveling by a ferry crossing that lasts more than 5 hours don’t need to take the required rest period of 8 consecutive hours or more under specific conditions:
- The period drivers spend resting in sleeper berths while waiting at the terminal to board the ferry, in ferry lodgings, and at a rest stop 25 kilometers or fewer away from the ferry disembarkation point sums up to at least 8 hours;
- The resting hours are registered in the daily log as off-duty time spent in sleeper berths;
- Drivers keep the receipts for the crossing and rest accommodation expenses as supporting documents, and
- These supporting documents match the daily log entries.
Individual drivers who operate CMVs furnished with sleeper berths can also fulfill the off-duty and daily off-duty time conditions differently than drivers on land trips.
Split Sleeper Berth Time
The federal HOS rules allow individual drivers in Canada to split their sleeper berth time into two periods, granted that neither of them runs for less than two hours.
Other conditions for Canada’s split sleeper berth rule for individual drivers include:
- Period on off-duty status are used for resting on sleeper berths;
- The two off-duty periods total a minimum of 10 hours;
- Total driving hours in the interval directly before and after each of the two off-duty periods does not go beyond 13 hours;
- Time elapsed in the interval right before and after each of the two off-duty periods excludes any driving time after the 16th hour of on-duty driving status.
- Total-duty time in the periods directly before and after each of the off-duty periods (that total at least 10 hours, as mentioned above) excludes any driving time after the 14th hour.
- None of the daily off-duty time must be postponed to the next day.
On the other hand, a team of drivers operating CMVs fitted with sleeper berths can fulfill the required off-duty and daily off-duty requirements by combining off-duty time in not more than two intervals, granted that:
- Each of the off-duty periods is at least 4 hours long;
- Off-duty times are spent resting in the sleeper berths;
- The sum of the driving time in the intervals right before and after each of the off-duty periods excludes any driving time after the 16th hour drivers are on duty;
- The total of the on-duty time in the intervals directly before and after each of the off-duty periods spent in sleeper berths excludes any driving time after the 14th hour.
Canadian drivers can follow either of the two duty cycles indicated in the HOS rules.
Drivers who choose to follow Cycle 1 cannot drive after logging more than 70 hours on duty (“on duty driving” and “on duty not driving” statuses) in 7 days.
On the other hand, drivers following Cycle 2 cannot drive after logging more than 120 hours on duty (that is, driving and “on duty not driving” statuses) in 14 days.
Additionally, drivers who choose Cycle 2 cannot drive after accumulating 70 hours on duty without taking a minimum of 24 consecutive hours off-duty.
Motor carriers should take note of these rules and forbid allowing, requiring, or requesting their CMV drivers to drive for more than the allotted number of hours in either cycle.
In both cycles, drivers must have at least 24 hours of the off-duty period in the previous 14 days.
To reset and switch to the other duty cycle, drivers following cycle one should first have at least 36 consecutive hours of off-duty time, and 72 hours for those using cycle two.
North of Latitude 60°N
Drivers with trips to and from locations north of latitude 60°N encounter severe driving conditions and long distances, so the HOS regulation has a specified set of provisions for these drivers.
Drivers can apply these new limits and provisions as soon as they cross the latitude 60°N north, and they do not need to record the applied changes on their daily logs.
Drivers simply have to implement the specified limits immediately for crossing north of latitude 60°N, just as they would for driving south of latitude 60°N.
Below are the provisions for drivers with trips north of latitude 60°N:
- Driving Restrictions.Driving time limit is raised by 2 hours, and drivers should stop driving after accumulating 15-hours of driving time.
- Shift Requirements. Work shift limit is raised by 4 hours. Drivers must also stop driving after a work shift of 20 hours.
- On-Duty Limitations. On-duty time restrictions have an addition of 4 hours. Moreover, drivers should stop driving after being on duty for 18 hours.
- Drivers should be off-duty for eight consecutive hours (primary resting period).
Like the previous split sleeper berth rules, the Canadian HOS regulations apply different guidelines for individual and team drivers going north of latitude 60°N.
For individual drivers, following are the permitted sleeper berth conditions:
- Sleeper berth time may be split into two periods, provided each of them runs for 2 hours or longer
- Split sleeper berth periods must total to eight hours
- Driving time accumulated before and after the sleeper berth times is 15 hours or less
- No driving after 18 hours of on-duty periods accumulated before and after sleeper berth time
Additional work shift restrictions are imposed. Individual drivers must stop driving after 15 hours of driving time (before and after each permitted sleeper berth period).
They should also stop driving after 18 hours on duty (before and after each allowed sleeper berth time).
On the other hand, team drivers can claim sleeper berth periods under these conditions:
- Drivers may split their sleeper berth period into two, with neither period shorter than 4 hours
- Two sleeper berth periods should sum up to 8 hours or more
- Driving hours accumulated before and after the sleeper berth time should total to at least 15
- Driving is prohibited after 18 hours of on-duty periods accumulated before and after the sleeper berth time
Team drivers will observe the same work shift restrictions for sleeper berths as individual drivers.
As for the driving cycles, individual and team drivers driving north of latitude 60°N will observe the same duty cycles and related conditions as those with trips south of latitude 60°N.
The only differences are the following:
- Drivers using Cycle 1 must stop driving after consuming 80 hours of on-duty time in 7 consecutive days.
- Although drivers who take Cycle 2 are also restricted to 120 hours on duty in 14 successive days, they should not drive after exceeding 80 hours on duty (instead of 70 for trips south of latitude 60°N) without taking a minimum of 24 hours off-duty.
Canadian paper log book regulations
Fleet management companies should ensure their drivers keep accurate records of their duty status periods for every day.
They need to document these periods in a log book or on a radius record (if they meet the conditions for the 160-kilometer radius record exemption).
Doing this helps motor carriers ensure that their drivers do not go beyond the required driving hour restrictions.
Canada paper log book rules require each daily log to contain these details:
At the beginning of the day
- Starting time of the driver’s day (if other than midnight, use the local time at the driver’s home terminal)
- Name and address of the trucker’s home terminal (where they report for duty) and primary place of business (where drivers keep their daily logs) of every motor carrier that drivers will work for on that day
Note: Drivers can abbreviate the names of provinces or territories, states, and countries, but not the cities.
- Name of the trucker (and co-drivers, if any)
- Duty cycle used by the driver
- CMV’s license plate number or unit numbers (of at least each power unit operated during the day)
- Odometer reading (at the start of the day) of every CMV drivers will use
- On the remarks section: Any off-duty time deferral used and whether drivers drove Day 1 or 2 of the deferral. Also, if the drivers were not mandated to maintain a daily log before the present day (that is, they used the radius exemption), they should record the number of hours of off-duty and on-duty times for every day during the preceding 14 days.
During the day:
- Hours for every duty status (to at least the nearest 15-minute increment)
- Driving time
- On-duty time, aside from the driving period
- Off-duty period, excluding time spent in sleeper berths
- Off-duty time used resting in sleeper berths
- Driver’s location for every change in duty status:
- Name of the municipality, location on a highway or in a legal subdivision, and the province or state
- Start and end odometer readings if the driver used the CMV for personal use
- Graph grid with a continuous line
- On the remarks section: any extension to driving, on-duty, or elapsed time due to emergencies or adverse driving conditions — and the reasons for doing so
At the end of the day:
- Total number of hours for every duty status
- Odometer reading at the end of the day
- Total distance driven on that day, excluding any distance driven for personal use
- Driver’s actual (not stamped) signature to verify the correctness of the daily log entries.
Canada HOS Permits
According to Section 62(1), Other than oil service vehicles, carriers can apply for permits for longer on-duty driving times than the required HOS for the following reasons:
- Allowing commercial drivers with regular itineraries to reach their destinations or home terminals;
- Delivering perishable goods, and
- Accommodating an important temporary surge in motor carriers’ transportation of goods or passengers.
Motor carriers and oil service vehicles should submit pertinent documents and information to the provincial director, who will respond within 30 days and issue the permit once the request for approval is granted.
FAQs on Canada HOS Rules
Following are some frequently asked questions (FAQs) around the Canada HOS regulation:
1. Which government agency implements the Canada HOS rule?
The Motor Carrier Division, under the Ministry of Transport (“Transport Canada”), governs the execution of the Canada HOS regulations.
This is in line with the division’s responsibility to facilitate minimizing collisions, injuries, and fatalities involving large CMVs and buses in Canada.
The Motor Carrier Division works closely with the provincial and territorial government offices to enforce rules and regulations overseeing safe operation by commercial motor vehicles, drivers, and operators.
2. What instruments should motor carriers and drivers use to record HOS?
Paper logs are the traditional way of recording drivers’ HOS, then came the introduction of electronic recording devices (ERDs) and smartphone apps for computerized logging.
However, with the Canada ELD mandate to be enforced on June 12, 2021, ELD solutions will be the mandated devices for recording HOS.
There is no grandfather period for ERDs, and paper logs will remain as backup instruments should ELDs malfunction.
3. What supporting documents should drivers retain to verify HOS records?
Examples of supporting documents include freight bills, driver call-in records, fuel receipts, and billing statements, dispatch documents, toll receipts, weight or scale tickets, agricultural inspection reports, gate record receipts, trip permits, driver fax reports, traffic citations, delivery receipts, and many more.
4. If the CMV operated has no built-in sleeper berths, can they create a “makeshift” sleeper berth and claim a split sleeper berth period?
No. The Motor Vehicle Act Regulations amended in July 2020 specifies the standards (in Schedule 1 section) for an appropriate sleeping accommodation. Sleeper berths must meet these criteria to be able to record sleeper berth times.
5. At what time does a duty cycle start?
A duty cycle begins at the time declared by the motor carrier as the start time of the day.
If the motor carrier has established a start time that differs from the calendar day, then the day should begin at the declared time and remains so for the remainder of the cycle.
Improved Trucker Safety with Canadian HOS Rules
Understanding the Hours of Service rules is an absolute must for commercial drivers operating in Canada. These HOS regulations define how much work (and rest) drivers are allowed so they don’t experience driver fatigue that may lead to road accidents.
To improve driver safety and ensure you don’t violate the Canadian HOS rules, install ELDs in your trucks. KeepTruckin is trusted by over 75,000 companies and 1,000,000 drivers.
Call us at 855-434-3564 for inquiries or send us an email at email@example.com.
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